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| Brondum v. Fritts, NO. 07-CA-24,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, May 29, 2007, Decided
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Overview: In a husband's and wife's tort action for injuries the husband sustained in an accident, the exceptions of insufficiency of service of process and prescription were properly granted as to the driver and her employer as service of their insurer in an improper venue did not interrupt prescription under La. Civ. Code Ann. art. 2324.
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| Champagne v. PHS Indus., NO. 07-CA-31,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, May 29, 2007, Decided
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Overview: A workers' compensation court did not err in denying an employee's claim for supplemental earnings benefits under La. Rev. Stat. Ann. § 23:1221(3)(a) where the employer had provided a light duty job to the employee at the same rate of pay; the employee voluntarily chose to stop working at the light duty job offered by the employer.
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| Colwart v. Encompass Indem. Co., NO. 07-CA-79,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, May 29, 2007, Decided
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Overview: Summary judgment in favor of the insurer was affirmed because the insured did not question the validity of the form signed opting for the lower limits of UM/UIM coverage, and the insurer's policy was a renewal policy written by an affiliate and the selection of lower limits executed for the first policy was valid as to the insurer's policy.
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| In re B.E.M., NO. 07-CA-94,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, May 29, 2007, Decided
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Overview: Order granting stepmother's petition for intrafamily adoption of child was upheld where child's mother failed to comply with an order of support without just cause for a period of at least six months; hence, the mother's consent to the adoption was not necessary under La. Child. Code Ann. art. 1245(C)(1). The mother also had a serious drug problem.
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| Krewe of Neptune, Inc. v. Parish of Jefferson, NO. 06-CA-926,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, May 29, 2007, Decided
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Overview: When parade krewe's action against sheriff regarding the lawfulness of sheriff's fee for police protection was dismissed as abandoned, and krewe had deposited funds under a consent judgment, krewe was entitled to recover the funds because there was no determination of whether the sheriff was entitled to the fee as required by the consent judgment.
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| Leighann v. Williams, NO. 06-CA-950,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, May 29, 2007, Decided
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Overview: An employee and his wife were not entitled to recover underinsured motorist (UM) benefits for an automobile accident from the employer's insurer when the truck was owned by the employer corporation and the employer's president signed the UM waiver, which was valid. There was no lease requiring the president's individual signature.
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| Nolan v. High Grass, LLC, NO. 07-CA-80,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, May 29, 2007, Decided
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Overview: Court lacked appellate jurisdiction under La. Code Civ. Proc. Ann. art. 1915(B) when trial court granted partial summary judgment to land buyer and its agent in land sellers' action to rescind the sales contract only on lesion beyond moiety claim, other claims remained unresolved, and trial court did not certify the judgment for immediate appeal.
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| Oubre v. La. Citizens Fair Plan, NO. 07-CA-66,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, May 29, 2007, Decided
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Overview: A class certification under La. Code Civ. Proc. Ann. art. 591, 592 was proper for insureds whose hurricane losses allegedly were not initiated timely under La. Rev. Stat. Ann. § 22:658(A)(3). Claims against insurer arose from the same event, alleged same wrongful conduct, and sought the same statutory penalties under La. Rev. Stat. Ann. § 22:1220.
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| Schouest v. Schouest, NO. 06-CA-972,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, May 29, 2007, Decided
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Overview: Agreement between parents under which children lived with father for significant period of time constituted a requisite change in material circumstances which justified naming father as domiciliary parent, and that was also in children's best interests under La. Civ. Code Ann. art. 134 as, inter alia, they expressed preference for living with him.
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| State v. Benoit, NO. 07-KA-35,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, May 29, 2007, Decided
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Overview: Defendant's conviction for simple burglary, contrary to La. Rev. Stat. Ann. § 14:62(A), was supported by sufficient evidence where neither one-on-one identification by witness nor witness's in-court identification of defendant could be deemed suggestive; witness's eyewitness trial testimony indicated that he had ample opportunity to view defendant.
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